Washington's same-sex marriage law takes effect next month

Partners Justin Nonthaveth, left, and Chris Olson hope to mark their 10-year anniversary by getting married in 2014 rather than having a commitment ceremony,. Three years ago, Washington voters approved an "everything but marriage" law, giving same-sex couples all the state-granted rights and benefits that married couples have. Now voters will decide whether to take the next step and allow marriage for all couples in the state, regardless of sexual orientation. Referendum 74 asked people to either approve or reject the state's new law legalizing same-sex marriage. Elaine Thompson/Associated Press

OLYMPIA, Wash. —
Washington voters have upheld a state law passed earlier this year
allowing same-sex marriage in the state, and gay and lesbian couples can
start marrying as early as next month.

With the passage of
Referendum 74 this week, Washington is now one of eight states that have
legalized gay marriage. Maine and Maryland approved same-sex marriage
with public votes this week, and six other states — New York,
Connecticut, Iowa, Massachusetts, New Hampshire, Vermont — and the
District of Columbia had already enacted laws or issued court rulings
that permit same-sex marriage.

R-74 asked people to approve or
reject a state law legalizing same-sex marriage that legislators passed
earlier this year. That law was signed by Gov. Chris Gregoire but has
never taken effect. It was on hold pending the election's outcome, but
53 percent of voters were approving it as of Friday as votes continued
to be counted, and opponents conceded Thursday.

Here's how
Washington state and counties are preparing for the law taking effect on
Dec. 6, and what same-sex couples can expect.

MARRIAGE
CERTIFICATES: The state Department of Health is in the process of
changing the language on marriage certificate and divorce forms.
Currently, marriage certificates use the words "bride" and "groom."
Spokesman Tim Church said that they are proposing that it be changed to
"Spouse A" and "Spouse B." Church said they are also proposing that
gender be added to the form so that the state, which already keeps track
of the number of marriages and divorces in the state, can now break the
data out to reflect same-sex marriages and dissolutions. A public
meeting will be held on Nov. 28 to discuss the final language of the
forms.

"It's moving ahead quickly, because when the law goes into
effect, we want to have that form ready," he said. "We know the demand
is there."

COUNTIES:

Counties started preparing earlier this
year once the law was passed. Vicky Dalton, the Spokane County Auditor,
was designated as a point person for all of the counties on preparing
for same-sex marriage.

She said that many counties, especially
urban ones like King County, will see a sizeable increase in volume on
Dec. 6 and Dec. 7., especially because they'll see couples who want to
get their licenses and certificates in advance of Dec. 12, for the
novelty 12-12-12 anniversary date.

"We're going to have two waves hit us at the same time," she said.

King
County has already updated its website announcing that licenses for
same-sex couples will be issued and saying details will be posted on the
site soon.

Dalton said that there are essentially three forms
involved for marriage: an application the couple fills out at the
county, the license they are issued to give to the person who will
officiate their wedding, and the certificate that is the actual marriage
contract recorded by the state. She said most counties have already
changed the language on their applications and licenses to reflect
same-sex marriages, however, she's worried that counties won't have time
to update their systems with the new certificate language based on the
tight timeframe between the Nov. 28 Department of Health meeting and
when the law takes effect Dec. 6.

"With the implementation date, it's unlikely all 39 counties will be able to get that programed into their system," she said.

However, if that occurs, Dalton said counties would just issue the old forms instead of the new.

"We'll
be ready on Dec. 6 to be issuing marriage licenses and certificates to
any couple that is qualified under the law," she said.

FEDERAL
BENEFITS: Married same-sex couples will still be denied access to
federal pensions, health insurance and other government benefits
available to heterosexual couples because the 1996 federal Defense of
Marriage Act, known as DOMA, bars federal recognition of gay unions. The
U.S. Supreme Court is expected to take up gay marriage sometime during
the current term. Several pending cases challenge the federal benefit
provision of DOMA, and a separate appeal asks the justices to decide
whether federal courts were correct in striking down California's
Proposition 8, the amendment that outlawed gay marriage after it had
been approved by courts in the nation's largest state.

DOMESTIC
PARTNERSHIPS: There are currently 9,901 domestic partnership
registrations with the secretary of state's office. Same-sex domestic
partners have two years to either dissolve their relationship or get
married. Most same-sex domestic partnerships that aren't ended prior to
June 30, 2014, would automatically become marriages. Domestic
partnerships would remain for senior couples, both heterosexual and gay,
where at least one partner is 62 years old or older. That provision was
included in the state's first domestic partnership law of 2007 to help
heterosexual seniors who don't remarry out of fear they could lose
certain pension or Social Security benefits.